due care

due care
Just, proper, and sufficient care, so far as the circumstances demand; the absence of negligence. That degree of care that a reasonable person can be expected to exercise to avoid harm reasonably foreseeable if such care is not taken. That care which an ordinarily prudent person would have exercised under the same or similar circumstances. Strickland v. Hughes, 2 N.C. App. 395, 163 S.E.2d 24, 26.
"Due care" is care proportioned to any given situation, its surroundings, peculiarities, and hazards. It may and often does require extraordinary care.
"Due care," "reasonable care," and "ordinary care" are often used as convertible terms. This term, as usually understood in cases where the gist of the action is the defendant's negligence, implies not only that a party has not been negligent or careless, but that he has been guilty of no violation of law in relation to the subject-matter or transaction which constitutes the cause of action

Black's law dictionary. . 1990.

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Look at other dictionaries:

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  • due care — Just, proper, and sufficient care, so far as the circumstances demand; the absence of negligence. That degree of care that a reasonable person can be expected to exercise to avoid harm reasonably foreseeable if such care is not taken. That care… …   Black's law dictionary

  • due care — Care according to the circumstances of the case. 38 Am J1st Negl § 29. That degree of care which a man of ordinary prudence would exercise in similar circumstances. Gahagan v Boston & Maine Railroad, 70 NH 441, 50 A 146. As the term appears in an …   Ballentine's law dictionary

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  • due — adj [Old French deu, past participle of devoir to owe, from Latin debere] 1 a: satisfying or capable of satisfying an obligation, duty, or requirement under the law the buyer s due performance under the contract due proof of loss b: proper under… …   Law dictionary

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  • due — [djuː ǁ duː] adjective 1. [not before a noun] if an amount of money is due, it must be paid now or at the stated time: • Breakwater said it was unable to meet an interest payment due yesterday. see also past due 2. [only before a noun] LAW prop …   Financial and business terms

  • due and reasonable care — Care which reasonably prudent man would exercise under same or similar circumstances. See due care …   Black's law dictionary

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